Lifting Appliances

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A Guide to the Factories and
Industrial Undertakings

(Lifting Appliances
and Lifting Gear)
Regulations

Occupational Safety and Health Branch
Labour Department

A Guide to the
Factories & Industrial Undertakings
(Lifting Appliances and Lifting Gear)
Regulations

This guidebook is prepared by the
Occupational Safety and Health Branch
Labour Department

This edition

December 1998

This guidebook is issued free of charge and can be obtained from offices of the Occupational Safety and
Health Branch. Addresses and telephone numbers of the offices can be found in the booklet “The Labour
Department Offers You its Services” or by telephone 2559 2297.
Printed by the Printing Department

1421879—100L—12/98

(Printed on paper made from woodpulp derived from renewable forests)

CONTENTS
Page
1.

Introduction...............................................................................................................................

5

2.

Regulations ...............................................................................................................................

5

2.1

Application................................................................................................................................

5

2.2

Interpretation ............................................................................................................................

5

2.3

Lifting Appliances .....................................................................................................................

6

2.3.1 Construction.............................................................................................................................

6

2.3.2 Testing, Thorough Examination and Inspection ......................................................................

6

2.3.3 Automatic Safe Load Indicator ................................................................................................

6

2.3.4 Poles or Beams Supporting Pulley Blocks or Gin Wheels........................................................

7

2.3.5 Stability of Lifting Appliances..................................................................................................

7

2.3.6 Anchoring and Ballasting of Cranes ........................................................................................

7

2.3.7 Stability of Cranes ....................................................................................................................

7

2.3.8 Use of Cranes in Bad Weather .................................................................................................

7

2.3.9 Erection, Dismantling or Alternation of Cranes ......................................................................

8

2.3.10 Multiple Lifting Appliances .....................................................................................................

8

2.3.11 Load to be Safely Secured ........................................................................................................

8

2.3.12 Slewing Motion ........................................................................................................................

8

2.3.13 Platforms for Crane Drivers and Signallers..............................................................................

8

2.3.14 Driver's Cabin...........................................................................................................................

9

2.3.15 Marking of Safe Working Loads..............................................................................................

9

2.3.16 Load Limit ...............................................................................................................................

9

2.3.17 Load Left Suspended ...............................................................................................................

9

2.3.18 Scotch and Guy Derrick Cranes ..............................................................................................

9

2.3.19 Cranes with Derricking Jibs .....................................................................................................

10

2.3.20 Restriction on the Use of Cranes .............................................................................................

10

2.3.21 Operators of Lifting Appliance ................................................................................................

10

2.3.22 Operation of Lifting Appliance ................................................................................................

10

2.3.23 Steam not to Obscure Workplace .............................................................................................

10

2.3.24 Brakes, Controls, Safety Devices, etc........................................................................................

10

2.3.25 Drums and Pulleys ...................................................................................................................

11

2.4

Chains, Ropes and Lifting Gear.................................................................................................

11

2.4.1 Construction and Safe Working Load......................................................................................

11

2.5

Miscellaneous............................................................................................................................

12

2.5.1 Carrying of Persons by means of Lifting Appliances ...............................................................

12

2.5.2 Keeping and Displaying of Certificates and Reports ..............................................................

12

Offences and Penalties ..............................................................................................................

12

2.6.1 Offences and Penalties Relating to Owners ..............................................................................

12

2.6.2 Offences by Persons Employed.................................................................................................

13

2.6

3

CONTENTS

(Con’t)

2.6.3 Offences by Competent Examiners...........................................................................................

13

2.6.4 Offences by Competent Persons ...............................................................................................

13

Useful Information ....................................................................................................................

13

3.

APPENDICES
Appendix
I. Frequency of Tests and Examinations ..................................................................................

14

II. First Schedule .......................................................................................................................

15

III. Form 1 ..................................................................................................................................

16

IV. Form 2 ..................................................................................................................................

17

V. Form 3 ..................................................................................................................................

18

VI. Form 4 ..................................................................................................................................

21

VII. Form 5 ..................................................................................................................................

23

VIII. Form 6 ..................................................................................................................................

24

IX. Form 7 ..................................................................................................................................

26

X. How to Apply for Crane Operator Certification Scheme .....................................................

27

4

1.

Introduction

This guide outlines the main provisions of the Factories and Industrial Undertakings (Lifting
Appliances and Lifting Gear) Regulations.
These Regulations lay down legal requirements for the testing and examination of lifting
appliances and lifting gear (except a hoist) used for raising or lowering or as a means of
suspension in any industrial undertakings.
This guide sets out briefly the provisions of the Factories and Industrial Undertakings (Lifting
Appliances and Lifting Gear) Regulations and explains the law in simple language. It is so
designed that besides serving as a handy reference, it also serves as a checklist of matters
requiring attention.
This guide should be read in conjunction with the guide to the Factories and Industrial
Undertakings Ordinance (Sections 6A & 6B) which imposes general duties on proprietors and
persons employed with regard to the health and safety at work in industrial undertakings.
While every care has been exercised to include important details in this guide, the Factories and
Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations remain to be the
sole authority for the provisions of the law explained.
2.

Regulations

2.1

Application

Related
Regulations

The regulations apply to lifting appliances and lifting gear used for raising or lowering or as a
means of suspension in any industrial undertakings.
2.2

2

Interpretation

Except where the context otherwise requires the terms in the regulations are defined as
follows:——
“automatic safe load indicator” means a device intended to be fitted to a crane that
automatically gives an audible and visible warning to the operator thereof that crane is
approaching its safe working load and that automatically gives a further audible and visible
warning when the crane has exceeded its safe working load;

3(1)

“competent examiner”, in relation to the carrying out of any test and examination required by
these regulations, means a person who is:
(a) appointed by the owner required by these regulations to ensure that the test and
examination is carried out;
(b) a registered professional engineer registered under the Engineers Registration Ordinance
(Cap. 409) within a relevant discipline specified by the Commissioner; and
(c) by reason of his qualifications, training and experience, competent to carry out the test
and examination;

3(1)

“competent person”, in relation to any duty required to be performed by him under these
regulations, means a person who is:
(a) appointed by the owner required by these regulations to ensure that the duty is carried out
by a competent person; and
(b) by reason of training and practical experience, competent to perform the duty;

3(1)

3(1)

“construction site” means a place where construction work is undertaken and includes any area
in the immediate vicinity which is used for the storage of materials or plant used or intended to
be used for the purpose of the construction work;
“crane” means any appliance equipped with mechanical means of raising and lowering a load
and for transporting the load while suspended; and also all chains, ropes, swivels, or other
tackle (down to and including the hook), used in the operation of a crane; but does not include:
(a) a hoist block running on a fixing rail or wire;
(b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or
(c) an earth or mineral moving or excavating appliance not fitted with a grab;
5

3(1)

Related
Regulations

“lifting appliance” means a crab, winch, teagle, pulley block or gin wheel used for raising or
lowering, and a crane, sheerlegs, excavator, pile driver, pile extractor, dragline, aerial ropeway,
aerial cable-way transporter or overhead runway, and also any part of any such appliance;

3(1)

“lifting gear” means a chain sling, rope sling, ring or similar gear, and a link, hook, plate
clamp, shackle, swivel or eyebolt;

3(1)

“maintained” means maintained in an efficient state, in efficient working order and good
repair;

3(1)

“owner”, in relation to any lifting appliance or lifting gear, includes the lessee or hirer thereof,
and any overseer, foreman, agent or person in charge of having the control or management of
the lifting appliance or lifting gear; and, in the case of a lifting appliance situated on or used in
connection with work on a construction site, also includes the contractor responsible for the
construction site;

3(1)

“raising or lowering as a means of suspension” means raising or lowering or as a means of
suspension of a load on a lifting appliance or lifting gear;

3(1)

“repair” includes renewal, alternation or addition;

3(1)

“safe working load”, in relation to a lifting appliance or to lifting gear, means either:
(a) the appropriate safe working load for operating the lifting appliance or lifting gear as
specified in the current certificate of test and thorough examination delivered in the
approved form by a competent examiner in respect of that lifting appliance or lifting gear
for the purposes of these regulations; or
(b) where no such certificate is required, the relevant safe working load shown in the table
referred to in regulation 18(1)(b);

3(1)

“thorough examination” means a visual examination, carried out as carefully as the conditions
permit in order to arrive at a reliable conclusion as to the safety of the parts examined, and if
necessary for the purpose the visual examination shall be supplemented if necessary by other
means such as a hammer test and, parts of the lifting appliance or lifting gear shall be
dismantled.

3(1)

Contractor for the purposes of these regulations, a contractor is responsible for a construction
site if he is undertaking construction work there, or, where there is more than one contractor
undertaking construction work at the site, if he is the principal contractor undertaking
construction work there.

3(2)

2.3.

Lifting Appliances
4

2.3.1 Construction
All lifting appliances shall be of good mechanical construction, made of strong and
sound materials, free from patent defect and properly maintained.
Adequate arrangements shall be made for fixing and anchoring the appliance to secure
its safety.
A lifting appliance shall be adequately and securely supported and every structure
supporting it is of good construction and adequate strength of sound materials and free
from patent defect.
2.3.2 Testing, thorough Examination and Inspection, including keeping of records on such
testing, examinations and inspection.
See table on Page 14.

5–7A & 7E

2.3.3 Automatic Safe Load Indicator

7B

A crane shall be fitted with an automatic safe load indicator that:
(a) functions properly;
(b) has been tested by a competent examiner on each occasion that a test and thorough
examination of the crane is so required and a certificate in the approved form is
6

Related
Regulations

received from the competent examiner who has made a statement to the effect that
the automatic safe load indicator is in good working order; and
(c) has been inspected by a competent person and determined to be in safe working
order during each inspection of the crane so required and a certificate in the
approved form is received from the competent person who has made a statement to
the effect that the automatic safe load indicator is in good working order.
2.3.4 Poles or Beams Supporting Pulley Blocks or Gin Wheels

7C

A pulley block or gin wheel which is suspended from or supported by a pole or beam
shall be effectively secured to the pole or the beam.
The pole or beam suspending or supporting the pulley block or gin wheel shall be:
(a) of adequate strength for the purpose for which it is intended to be used; and
(b) adequately and properly secured so as to support the block or wheel and the load
with safety and to prevent undue movement of the pole or beam.
2.3.5 Stability of Lifting Appliances
Before a lifting appliance is used at or moved in an industrial undertaking, appropriate
precautions shall be taken to ensure its stability.

7D(1)

For the purpose of securing the stability of the crane before taken into use:
(a) the crane shall be securely anchored, or adequately weighted by suitable ballast
which is properly placed on the crane and secured in a manner sufficient to prevent
the ballast from being accidentally displaced; and
(b) no part of any rail on which the crane is mounted, or any sleeper supporting such
rail, shall be used as an anchorage.

7D(2)

2.3.6 Anchoring and Ballasting of Cranes
If the competent examiner making the test after the erection of the crane, or after the
removal of a crane to a new location, or any adjustment to any component member of
a crane (being a removal or adjustment which involves changes in the arrangements for
anchoring or ballasting the crane) considers that the maximum load which may safely
be lifted by that crane as erected is less than the safe working load of the crane he shall
specify the new maximum load in his certificate and in which case, the new maximum
load shall be the modified safe working load.

7E(4)

Where a maximum load has been specified, a loading diagram shall be affixed in a
position where it can readily be seen by the crane driver. The loading diagram shall
be:—
(a) appropriate to the stability of the crane as at the time of the test (taking into
account, in the case of a crane mounted on wheels, the conditions of the track); and
(b) indicating the modified safe working load.

7E(5)

The modified safe working load shall be deemed to be the safe working load of the
crane as erected.

7E(6)

2.3.7 Stability of Cranes Secured by Removable Weights

7F

Where the stability of a crane is secured by means of removable weights, a diagram or
notice indicating the position and amount of the weights shall be affixed to the crane in
a place where it can easily been seen before it is used.
2.3.8 Use of Cranes in Bad Weather
No crane shall be used under weather conditions likely to endanger its stability.

7G(1)

Before a crane is taken in use after exposure to weather conditions likely to have affected
the stability of the crane:
(a) the devices used for the anchoring or ballasting of the crane shall be examined and
the crane shall be tested by a competent examiner as soon as practicable after such

7G(2)

7

Related
Regulations

exposure and a certificate in the approved form shall be obtained from the
competent examiner who has made a statement to the effect that it is in safe
working order;
(b) in the event of the anchorage or ballast being found on such test to be unsafe, steps
that will again ensure the crane's stability shall be taken as soon as practicable.
2.3.9 Erection, Dismantling or Alternation of Cranes to be under Supervision of a Competent
Person

7H

A crane shall not be erected or dismantled; or the structure thereof, as originally
designed, shall not be altered except under the supervision of a competent person.
2.3.10 Multiple Lifting Appliances

7I

Where more than one lifting appliance is used to raise or lower one load:
(a) each lifting appliance shall be so arranged and fixed that it is at no time loaded
beyond its safe working load or rendered unstable in the raising or lowering of the
load; and
(b) a competent person shall be specially appointed to supervise the operation.
2.3.11 Load to be Safely Secured
Before a lifting appliance is used, every part of any load to be raised or lowered shall be:
(a) securely suspended or supported; and
(b) adequately secured so as to prevent danger arising to persons or property as a
result of the slipping or displacement of any part of the load.

7J(1)

Where, by reason of the nature or position of the operation, a load while being moved
on a lifting appliance or on lifting gear is liable to come into contact with any object so
that the object may become displaced, all reasonable steps shall be taken to ensure that
no person lawfully on or near the industrial undertaking upon which the lifting
appliance or lifting gear is being used is endangered by the displacement of the object.

7J(2)

Where a receptacle is used in connection with any lifting appliance or lifting gear for
raising or lowering stone, bricks, tiles, slates, or other objects, the receptacle shall be
enclosed or to be so constructed or designed to prevent the accidental fall of any of such
objects. This provision does not apply to a grab, shovel or similar excavating receptacle
if effective steps have been taken to prevent persons being endangered by a fall of
objects therefrom.

7J(3) &.
7J(4)

2.3.12 Precautions for Lifting Appliances with Travelling or Slewing Motion
An unobstructed passageway of 600 mm wide or more shall be maintained between the
slewing or other moving parts of lifting appliances and the guard rails, fences or other
fixtures.

8(1)

If the passageway cannot be maintained at any particular place, access to place shall be
prevented when the appliance is in use.

8(2)

2.3.13 Platforms for Crane Drivers and Signallers
Every platform for the person driving or operating a crane, or for any signaller, shall be:
(a) of sufficient area for the persons employed on it;
(b) close planked or plated; and
(c) provided with safe means of access.

9(1)

If any such platform has a side from which persons may fall a distance of more than
2 m, the following shall be provided:
(a) a suitable guard rail of adequate strength to a height of at least 900 mm above the
platform and above any raised standing place on the platform;

9(2)

8

Related
Regulations

(b) toe boards at a height of not less than 200 mm above the level of the platform and
any raised standing place on it. The boards shall be so placed as to prevent as far
as possible the fall of persons, materials and tools from the platform; and
(c) the space between any toe board on the platform and the lowest guard rail above it
shall not exceed 700 mm.
Such guard rail or toe board may be removed or remain unerected only when it is
necessary for persons or materials to go to or leave the platform.
2.3.14 Driver’s Cabin
The owner of a power-driven lifting appliance shall provide a suitable cabin which:
(a) gives the driver or operator adequate protection from the weather; and
(b) is so constructed as to—
(i) give him a clear and unrestricted view that will enable him to use the appliance
safely; and
(ii) give ready access to those parts of the appliance that are within the cabin.

10(1)

These requirements shall not apply:
(a) where the driver or operator is indoors or otherwise adequately protected from the
weather;
(b) to a lifting appliance mounted on wheels and having a maximum safe working load
of 1 tonne or less;
(c) to any machine incorporating a lifting appliance where the primary purpose of that
machine is not that of a lifting appliance; or
(d ) to a lifting appliance intended for occasional use or for use for only short periods.

10(2)

2.3.15 Marking of Safe Working Loads
A crane or lifting appliance shall be marked with means of identification and the safe
working load, in English and Chinese.

11(1)

A crane (including a crane with a derricking jib) with variable operating radii shall be
marked with safe working load at various radii of the jib, trolley or crab. In the case of
a crane with a derricking jib, the maximum permissible radius at which the jib may be
worked should be marked on it.

11(2)

Such crane shall have an accurate indicator visible to the driver, showing radius of jib,
trolley or crab at any time and safe working load for that radius.
2.3.16 Load Limit

12

Safe working load of lifting appliances shall not be exceeded, except when tests of such
appliances are being done by competent examiners.
2.3.17 Load Left Suspended

12A

Load shall not left suspended from a lifting appliance unless a competent person is in
charge of it during the period of suspension.
2.3.18 Scotch and Guy Derrick Cranes
The jib of a Scotch derrick crane shall not be erected between the backstays, and the
crane shall not be used to move any load lying in the angle between the backstays.

13(1)

Precautions shall be taken against the foot of the king post of a Scotch derrick crane
being lifted from the socket or support whilst in use.
If the guys of a guy derrick crane cannot be fixed at approximately equal angles to the
mast so that the angles between adjacent pairs of guys are approximately equal, measure
to ensure the stability of the crane shall be taken.
9

13(2)

Related
Regulations
14

2.3.19 Cranes with Derricking Jibs
The cranes shall be provided with properly maintained and effective locking arranement
between the derricking clutch and the pawl sustaining the derricking drums unless the
hoisting and derricking drums are independently driven or the derricking drum driving
mechanism is self-locking.
2.3.20 Restriction on the Use of Cranes
The hoisting mechanism of a crane shall not be used except for raising or lowering loads
vertically, unless it can be used otherwise without imposing undue stress or endangering
the stability and unless a competent person supervises the operation.

15(1)

Any crane that has a derricking jib shall not be used with the jib extended at a greater
radius than that specified in the certificate of test and examination.

15(2)

2.3.21 Operators of Lifting Appliance
A crane shall only be operated by a person who:
(a) has attained the age of 18 years;
(b) holds a valid certificate issued by the Construction Industry Training Authority or
by any other person specified by the Commissioner; and
(c) is competent to operate the crane by virtue of his experience.

15A(1)

A power-driven lifting appliance, other than a crane, shall only be operated by a person
who:
(a) has attained the age of 18 years; and
(b) in the opinion of the owner, is trained and competent to operate the appliance.

15A(2)

These requirements shall not apply where a trainee is operating a lifting appliance under
the supervision of a person who meets the requirements of regulation 15A(1) or 15A(2)
as the case may be.

15A(3)

2.3.22 Operation of Lifting Appliance
If the operator of a lifting appliance does not have a clear and unrestricted view which
is necessary for the safe working of the appliance, one or more persons shall be
appointed and stationed to give effective signals to the operator of the lifting appliance
to ensure its safe working.

15B(1)

Any person appointed to give signal shall not be under the age of 18 years unless he is
a trainee and acts under the supervision of a competent person.

15B(2)

If it is impracticable to comply with regulation 15B(1), effective signalling arrangements
or means of communication shall be provided between the operator of the lifting
appliance and the person employed in the loading or unloading of the appliance to
ensure its safe working.

15B(3)

2.3.23 Steam not to Obscure Workplace

15C

The steam from or to any crane or winch shall not obscure any workplace at which a
workman is employed.
2.3.24 Brakes, Controls, Safety Devices, etc.
Every crane, crab and winch shall be provided with an efficient brake or brakes or other
similar safety devices to prevent a suspended load from falling out of control.

16(1)

Every lever, handle, switch, or other device used for controlling the operation of any
part of the lifting appliance shall, where practicable, be provided with a suitable spring
or other locking arrangement to prevent the accidental movement or displacement of
the level etc. Such lever, handle, switch or other device shall bear clear markings to
indicate its purpose and the mode of operation.

16(2)

10

Related
Regulations

The rotating handles of a manually operated winch or non-derricking jib crane do not
require markings to indicate their purpose and operation mode.

16(3)

Effective measures are required to be taken to prevent an overhead travelling crane from
coming within 6 m of a place where any person working on or near the wheel track is
liable to be struck by the overhead travelling crane.

16(4)

Where any person is employed or working above floor level and is liable to be struck by
an overhead travelling crane or its suspended load, effective precautions are to be taken
to ensure that such person is warned of the approach of the crane. This does not apply
when the person's work is connected with or dependent on the movements of the crane.

16(5)

2.3.25 Drums and Pulleys

17(1)

Every drum or pulley on which a rope of any lifting appliance is carried shall be of
sufficient diameter and construction for the rope used.

17(2)

Every rope which terminates at the winding drum of a lifting appliance shall be properly
secured to the drum.
At least two turns of the rope shall remain on the drum at every operating position of
the lifting appliance.
2.4

Chains, Ropes and Lifting Gear

2.4.1 Construction and Safe Working Load

18

Chains, ropes and lifting gear shall be of good construction, sound material, adequate
strength, and shall be free from patent defect. They shall be marked with safe working
load and means of identification.
A table in English and Chinese showing the safe working loads of each kind and size of
chain, rope or lifting gear in use, and, in the case of a mulitple sling, the safe working
load at different angles of the legs, shall be posted in a prominent position within the
industrial undertaking. Only chain, rope or lifting gear shown in the table shall be used.
No chain, rope or lifting gear shall be used for any load exceeding its safe working load
shown in the table.
No chain, rope or lifting gear (except a fibre rope or fibre-rope sling) shall be used
unless it has been tested and thoroughly examined by a competent examiner in the
manner prescribed in the First Schedule (Please see Appendix II) and a certificate in the
approved form in which the competent examiner has made a statement that it is in safe
working order has been obtained.
Each chain, rope and lifting gear in use shall be thorough examined by a competent
examiner in the preceding 6 months before it is used and a certificate in the approved
form in which the competent examiner has made a statement to the effect that it is in
safe working order has been obtained.
Each chain, rope and lifting gear shall be inspected before use on each occasion by a
competent person.
Every chain shall not be shortened by tying knots nor shall it be damaged by sharp
edges.
The chain, rope or lifting gear in use shall be clearly and legibly marked on it its safe
working load together with an appropriate mark to distinguish it from other similar
lifting gear.
The chain, rope or lifting gear shall not be loaded beyond its safe working load except
for the purpose of testing or examination by a competent examiner.
A wire rope shall not be used for raising or lowering or as a means of suspension if in
any length of 10 diameters, the total number of visible broken wires exceeds 5% of the
total number of wires in the rope.
11

Related
Regulations

2.5

Miscellaneous

2.5.1 Carrying of Persons by means of Lifting Appliances

18B

A person may be raised, lowered or carried by a power-driven lifting appliance:
(a) on the driver's platform in the case of a crane;
(b) on a suspended scaffold of such design and construction as ensures the safety of
any person carried by it;
(c) without the use of a builder's lift or tower working platform to which the Builders'
Lifts and Tower Working Platforms (Safety) Ordinance (Cap. 470) applies or a
suspended scaffold where its use is impracticable, provided that:
(i) the appliance can be operated from one position only;
(ii) the appliance is so constructed that the brake is applied when the control lever,
handle or switch is not held in the operating position;
(iii) where the person is carried in a chair, cage skip or other receptacle at least
900 mm deep, the receptacle is of good construction, sound material and
adequate strength, and is provided with suitable means to prevent any occupant
from falling out and does not contain material or tools liable to interfere with
his handhold or otherwise endanger him, or where the person is carried in a
boatswain's chair or other similar plant or equipment less than 900 mm deep, a
suitable safety belt attached to an independent lifeline is securely suspended;
(iv) suitable measures are taken to prevent such chair, cage, skip or other receptacle
from spinning or tipping in a manner dangerous to any occupant; and
(v) if a hook is fitted to the lifting appliance, it is so designed and maintained as
to prevent the accidental displacement of such chair, cage, skip or receptacle
from the hook;
(d ) from an aerial ropeway or cableway or an overhead runway, provided that the
provisions of subparagraph (c)(ii), (iii), (iv) and (v) above are complied with.
2.5.2 Keeping and Displaying of Certificates and Reports

18C

The certificates and reports issued in respect of any test, examination or inspection of
lifting appliances, chains, ropes of lifting gears (whether the equipment is still in use or
not) shall be kept in a safe place and shall not be disposed of until 2 years after the date
of issue thereof or the date on which the lifting appliance, chain, rope or lifting gear is
disposed of. The certificates or reports shall be made available for inspection at all
reasonable time by an occupational safety officer who requests to see them. A copy or
an extract from any certificate or report shall be delivered to an occupational safety
officer upon his request in writing within such period (being not less than 7 days) as may
be specified in the request.
A copy of the relevant and the most recent certificate or report shall be displayed in the
driving cabin or other prominent place on the equipment to which it relates or in a
prominent place nearby.
2.6

Offences and Penalties
19

2.6.1 Offences and Penalties relating to Owners
The owner, if convicted of an offence under—
(a) regulation 4, 5, 6A(2), 7A, 7B, 7D, 7E, 7F, 7H, 7I, 7J(1), (2) or (3), 9(1) or (2), 12,
12A, 13, 15, 15B(1) or (3), 18(1) or 18A shall be liable to a fine of $200,000;
(aa) regulation 7G(1) or 18B shall be liable to a fine of $200,000 and an imprisonment
of 12 months where the offence is committed without reasonable excuse and in any
other case to a fine of $200,000.
(ab) regulation 7G(2) shall be liable to a fine of $200,000 and to imprisonment for 12
months.
(b) regulation 7C, 8, 10, 11, 14(1), 15A(1) or (2), 15B(2), 15C, 16(1), (2), (4) or (5), 17,
or 18C(1), (2), (4) or (5) shall be liable to a fine of $50,000.
12

Related
Regulations
20

2.6.2 Offences by Persons Employed
Any workman employed or working on or near any lifting appliance or lifting gear to
which these regulations apply, who wilfully and without reasonable cause does anything
likely to endanger himself or others shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000.
2.6.3 Offences by Competent Examiners
Any competent examiner who having carried out any test, inspection or examination
required by these regulations—
(a) fails or refuses to deliver forthwith, or within a reasonable time thereafter, to an
owner a report referred to in regulation 6A(1)(b);
(b) fails or refuses to deliver forthwith, or within a reasonable time thereafter, to an
owner a certificate referred to in regulation 5(1), (2), (3), (4) or (5), 7B(1)(b), 7E(3),
7G(2) or 18(1)(d ) or (e); or
(c) fails to comply with regulation 6A(1)(b) or 7E(4),

21(1)

shall be guilty of an offence and shall be liable on conviction to a fine of $50,000.
Any such competent examiner who delivers to an owner a certificate or makes a report
which is to his knowledge false as to a material particular shall be guilty of an offence
and shall be liable on conviction to a fine of $200,000 and to imprisonment for 12
months.

22

2.6.4 Offences by Competent Persons
Any competent person who having carried out any test, inspection or examination
required by these regulations:—
(a) fails or refuses to deliver forthwith or within a reasonable time thereafter, to an
owner a certificate referred to in regulation 7A or 7B(1)(c) shall be guilty of an
offence and shall be liable on conviction to a fine of $50,000.
(b) delivers to an owner a certificate which is to his knowlege false to a material
particular shall be guilty of an offence and shall be liable on conviction to a fine of
$200,000 and to imprisonment for 12 months.
3.

21(2)

Useful Information

If you wish to enquire about this guidebook or require advice on occupational safety and
health, you can contact the Occupational Safety and Health Branch through:
Telephone : 2559 2297 (auto-recording after office hours)
Fax
: 2915 1410
E-mail
: [email protected]
Information on the services offered by the Labour Department and on major labour legislation
can also be found by visiting our Home Page on the Internet. Address of our Home Page is
http://www.info.gov.hk/labour.

13

14



R. 3
R. 5(4)
R. 5(5)
R. 6A

R. 3
R. 5(1)
R. 6A

R. 3
R. 7A

R. 3
R. 7E

R. 3
R. 18

LIFTING
APPLIANCE

LIFTING
APPLIANCE

LIFTING
APPLIANCE

CRANE

CHAINS, ROPES
AND LIFTING
GEAR (except a fibre
rope or fibre-rope
sling)



after erection, removal to
a new location, adjustment of any component
member (being a removal
or adjustment which
involves changes in the
arrangements for
anchoring or ballasting)











Testing

in the preceding 6
months before use

before erection
(for all of the
devices used for
the anchoring or
ballasting)



at least once in
the preceding 12
months







Examination





within the
preceding 7 days









Inspection

Form 6
Form 7

Form 2

Form 1

Form 5

Form 3
Form 4

Form 3

Form 4

Report form

Results of the tests, examinations and inspections are to be entered on the approved forms in which the competent examiner or person has made a
statement to the effect that the lifting appliance or gear is in safe working order.

Note: All tests and examinations are to be carried out in accordance with the provisions of this Regulations.

before use



before use after undergone
substantial repair, re-erection,
failure, overturning or collapse

during the preceding 4 years
before use

R. 3
R. 5(3)
R. 6A

CRANE,
CRAB OR
WINCH

before use

Testing and Examination

R. 3
R. 5(2)
R. 6A

Legal ref.

LIFTING
APPLIANCE
(other than a crane,
crab or winch)

Item

FREQUENCY OF TEST, EXAMINATION AND INSPECTION

Appendix I

Appendix II
FIRST SCHEDULE

[regs. 5(1) &
18(1)(d )]

PROCEDURE FOR TESTING AND EXAMINING LIFTING
APPLIANCES AND LIFTING GEAR
1.
(1) Every winch, together with its accessories, (including any derrick, gooseneck, eye-plate, eyebolt, or other
attachments) shall be tested with a proof load which shall exceed the safe working load as follows—
(a) if the safe working load is less than 20 tonnes, the proof load shall exceed the safe working load by at
least 25 per cent;
(b) if the safe working load is 20 tonnes but not more than 50 tonnes, the proof load shall exceed the safe
working load by at least 5 tonnes;
(c) if the safe working load is more than 50 tonnes, the proof load shall exceed the safe working load by
at least 10 per cent.
(2) The proof load shall be applied either—
(a) by hoisting movable weights; or
(b) by means of a spring or hydraulic balance or a similar appliance, with a derrick at an angle to the
horizontal which shall be specified in the certificate of the test.
(3) In the case of a proof load applied under sub-paragraph (2)(a), after the movable weights have been
hoisted, or in the case of a proof load applied under sub-paragraph (2)(b), after the proof load has been applied, the
derrick shall be swung as far as practicable first in one direction and then in the other.
2.
(1) Every crane and every lifting appliance, together with its accessories, other than a lifting appliance referred
to in sub-paragraph (1), shall be tested with a proof load which shall exceed the safe working loads as follows—
(a) if the safe working load is less than 20 tonnes, the proof load shall exceed the safe working load by at
least 25 per cent;
(b) if the safe working load is 20 tonnes but not more than 50 tonnes, the proof load shall exceed the safe
working load by at least 5 tonnes;
(c) if the safe working load is more than 50 tonnes, the proof load shall exceed the safe working load by
at least 10 per cent.
(2) The proof load shall be hoisted and then swung as far as is practicable first in one direction and then in the
other.
(3) Where a crane with a jib which has a variable vertical operating radius is to be tested, the test shall be
carried out by applying a proof load in accordance with sub-paragraph (1) at both the maximum radius and the
minimum radius of the jib.
(4) Where in testing a hydraulic crane it is, because of the limitation of pressure, impossible to hoist a load
which exceeds the safe working load by 25 per cent, it is sufficient compliance with this paragraph if the crane has the
greatest possible load applied to it.
3.
Every item of lifting gear (whether an accessory to any lifting appliance or not) shall be tested with a proof load
in accordance with the following provisions—
(a) if the item is a chain sling, rope sling, ring, hook, shackle, or swivel, the proof load shall be at least twice
the safe working load;
(b) if the item is a single sheave pulley block, the proof load shall be at least 4 times the safe working load;
(ba) if the item is a multiple sheave pulley block with a safe working load of up to and including 20 tonnes, the
proof load shall be at least twice the safe working load;
(c) if the item is a multiple sheave pulley block with a safe working load of more than 20 tonnes but not more
than 40 tonnes, the proof load shall exceed the safe working load by at least 20 tonnes;
(d ) if the item is a multiple sheave block with a safe working load of more than 40 tonnes, the proof load shall
be at least 112 times the safe working load.
4.
After being tested in accordance with paragraph 1, 2 or 3, each lifting appliance (including its accessories) and
all loose gear shall be examined so as to ensure that no part of the lifting appliance or lifting gear has been damaged
during the test. For the purpose of carrying out the examination of a pulley block the examiner shall remove the
sheaves and pins of the block.
5.
Where any wire rope is tested, a sample of the rope shall be tested to destruction, and the safe working load
shall not exceed 20 per cent of the breaking load of the sample tested.

15

Appendix III

16

Appendix IV

17

Appendix V

18

19

20

Appendix VI

21

22

LALG-F5

Appendix VII

23

Appendix VIII

24

25

Appendix IX

26

Appendix X
HOW TO APPLY FOR CRANE OPERATOR CERTIFICATION SCHEME
Under Regulation 15(A)(1)(b) of the Factories & Industrial Undertakings
(Lifting Appliances & Lifting Gear) Regulations
Application
Under Regulation 15A(1)(b) of the Factories and Industrial Undertakings (Lifting Appliances and Lifting
Gear) Regulations (the Regulation), any person, other than the Construction Industry Training Authority,
who wishes to issue certificate to crane operators for the purpose of the Regulation, should obtain the
authorization from the Commissioner for Labour.
The processing of application for authorization to issue certificates to crane operators is currently handled
by the Registration and Certification Unit of the Occupational Safety and Health Branch of the Labour
Department. The applicant should submit his application, together with details of the proposed training
course, in writing to the Occupational Safety and Health Training Centre, Labour Department, at 13/F.,
City Landmark, 68 Chung On Street, Tsuen Wan, New Territories (Telephone Number: 2940 7048).
The
(a)
(b)
(c)
(d )
(e)
(f )
(g)
(h)
(i)

proposed course shall include the following information:—
Course content/structure
Course duration
Class size
Training facilities
Training arrangements
Qualification of trainers
Arrangements for test and invigilation
Arrangements for periodic re-validation
Samples of test papers and certificates of the course.

Important
(1)
No charge is made for the processing of any appliance. Any person proposing to offer assistance in
respect of the application in return for a reward should be reported immediately to Labour Department or
the Independent Commission Against Corruption.
(2)
Applicants are warned that offering or giving any gratuity, money or gift as an inducement to any
Labour Department employees in relation to an application constitutes an offence under the Prevention of
Bribery Ordinance. Such case will be reported to the Independent Commission Against Corruption.

27

A Guide to the Factories and
Industrial Undertakings

(Lifting Appliances
and Lifting Gear)
Regulations

Occupational Safety and Health Branch
Labour Department

Occupational Safety and Health Branch
Labour Department

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